| (85) Petroleum storage tank--
(A) Any one or combination of aboveground storage tanks
that contain petroleum products and that are regulated by the commission;
(B) Any one or combination of underground storage tanks
and all connecting underground pipes that contain petroleum products
and that are regulated by the commission.
(86) Petroleum substance--A crude oil or any refined
or unrefined fraction or derivative of crude oil which is liquid at
standard conditions of temperature and pressure (except for any substance
regulated as a hazardous waste under the federal Solid Waste Disposal
Act, Subtitle C (42 United States Code, §§6921, et seq.)). For the purposes of this chapter,
a petroleum substance is limited to one or a combination of the substances
or mixtures in the following list:
(A) basic petroleum substances (crude oils, crude oil
fractions, petroleum feedstocks, and petroleum fractions);
(B) motor fuels (see definition for "Motor fuel" in
(C) aviation gasolines (e.g., Grade 80, Grade 100,
and Grade 100-LL);
(D) aviation jet fuels (e.g., Jet A, Jet A-1, Jet B,
JP-4, JP-5, and JP-8);
(E) distillate fuel oils (e.g., Number 1-D, Number
1, Number 2-D, and Number 2);
(F) residual fuel oils (e.g., Number 4-D, Number 4-light,
Number 4, Number 5-light, Number 5-heavy, and Number 6);
(G) gas-turbine fuel oils (e.g., Grade 0-GT, Grade
1-GT, Grade 2-GT, Grade 3-GT, and Grade 4-GT);
(H) illuminating oils (e.g., kerosene, mineral seal
oil, long-time burning oils, 300 oil, and mineral colza oil);
(I) solvents (e.g., Stoddard solvent, petroleum spirits,
mineral spirits, petroleum ether, varnish makers' and painters' naphthas,
petroleum extender oils, and commercial hexane);
(J) lubricants (automotive and industrial lubricants);
(K) building materials (e.g., liquid asphalt and dust-laying
(L) insulating and waterproofing materials (e.g., transformer
oils and cable oils); or
(M) used oils (see definition for "Used oil" in this
(87) Petroleum underground storage tank (UST) system--A
UST system that contains, has contained, or will contain a petroleum
substance (as defined in this section), a mixture of two or more petroleum
substances, or a mixture of one or more petroleum substances with
very small amounts of one or more hazardous substances. In order for
a UST system containing a mixture of petroleum substances with small
amounts of hazardous substances to be classified as a petroleum UST
system, the hazardous substance must be at such a dilute concentration
that the overall release detectability, effectiveness of corrective
action, and toxicity of the basic petroleum substance is not altered
to any significant degree.
(88) Pipeline facilities (including gathering lines)--New
and existing pipeline rights-of-way, including any equipment, facilities,
or buildings therein which are used in the transportation or associated
treatment (during transportation) of gas or hazardous liquids (which
include petroleum and other liquids as designated by the Secretary
of the United States Department of Transportation), and which are
regulated under the federal Hazardous Liquid Pipeline Safety Act of
1979 (49 United States Code, §§60101,
et seq. and its subsequent amendments or a succeeding law);
or (for intrastate pipeline facilities) the Texas Natural Resources
Code, Chapter 111 or 117, or Texas Civil Statutes, Articles 6053-1
(89) Piping--All underground pipes in an underground
storage tank system, including valves, elbows, joints, flanges, flexible
connectors, and other fittings attached to a tank system through which
regulated substances flow or in which regulated substances are contained
(90) Piping trench--The portion of the excavation zone
at an underground storage tank facility which contains the piping
system and associated backfill materials.
(91) Pressurized piping--Product or delivery piping
in an underground storage tank system which typically operates at
greater than atmospheric pressure.
(92) Professional engineer--A person who is currently
duly licensed by the Texas Board of Professional Engineers to engage
in the practice of engineering in the State of Texas.
(93) Professional geoscientist--A person who is currently
duly licensed by the Texas Board of Professional Geoscientists to
engage in the public practice of geoscience in the State of Texas.
(94) Qualified personnel--Persons who possess the appropriate
competence, skills, and ability (as demonstrated by sufficient education,
training, experience, and/or, when applicable, any required certification
or licensing) to perform a specific activity in a timely and complete
manner consistent with the applicable regulatory requirements and
generally accepted industry standards for such activity.
(95) Radioactive materials--Radioactive substances
or radioactive waste materials (e.g., high-level radioactive wastes
and low-level radioactive cooling waters) which are classified as
hazardous substances under the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, §101(14),
42 United States Code (USC), §§9601, et
seq., except for radioactive materials regulated as a hazardous
waste under the federal Solid Waste Disposal Act, Subtitle C, 42 USC,
§§6921, et seq.
(96) Regulated substance--An element, compound, mixture,
solution, or substance that, when released into the environment, may
present substantial danger to the public health, welfare, or the environment.
For the purposes of this chapter, a regulated substance is limited
to any hazardous substance (as defined in this section), any petroleum
substance (as defined in this section), any mixture of two or more
hazardous substances and/or petroleum substances, and any other substance
designated by the commission to be regulated under the provisions
of this chapter.
(97) Release--Any spilling including overfills, leaking,
emitting, discharging, escaping, leaching, or disposing from an underground
storage tank or aboveground storage tank into groundwater, surface
water, or subsurface soils. In this definition, the term "subsurface
soils" does not include backfill or native material in the tank hole
that is placed immediately adjacent to or surrounding an underground
storage tank system when the system is installed or the system's individual
components are replaced unless petroleum free product is present in
the backfill or native material.
(98) Release detection--The process of determining
whether a release of a regulated substance is occurring, or has occurred,
from an underground storage tank system.
(99) Repair--The restoration, renovation, or mending
of a damaged or malfunctioning tank or underground storage tank system
(A) For a tank - to remove a tank and install another
(B) For piping - to remove 35% or more of piping and
install other piping, excluding connectors, connected to a single
tank. For tanks with multiple piping runs, this definition applies
independently to each piping run.
(101) Residential tank--A tank located on property
used primarily for dwelling purposes.
(102) Retail service station--A facility where flammable
liquids used as motor fuels are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles and where such dispensing is
an act of retail sale.
(103) Risk-based corrective action--Site assessment
or site remediation, the timing, type, and degree of which is determined
according to case-by-case consideration of actual or potential risk
to public health from environmental exposure to a regulated substance
released from a leaking underground storage tank or aboveground storage
(104) Secondary containment--A containment method by
which a secondary wall, jacket, or barrier is installed around the
primary storage vessel (e.g., tank or piping) in a manner designed
to prevent a release from migrating beyond the secondary wall or barrier
before the release can be detected. Secondary containment systems
include, but are not limited to: double-wall tank and/or piping systems,
impervious liners, jackets, containment boots, sumps, or vaults surrounding
a primary (single-wall) tank and/or piping system.
(105) Septic tank--As defined in §285.2 of this
title (relating to Definitions).
(106) Spill--A release of a regulated substance which
results during the filling, placement, or transfer of regulated substances
into an underground storage tank (UST) or an aboveground storage tank
(AST), or during the transfer or removal of regulated substances from
a UST system or an AST.
(107) Standard conditions of temperature and pressure--A
temperature of 60 degrees Fahrenheit and an atmospheric pressure of
14.7 pounds per square inch absolute.
(108) Steel Tank Institute (STI)--A nationally recognized
organization which provides certifications and standards for steel
(109) Stormwater or wastewater collection system--The
piping, pumps, conduits, and any other equipment necessary to collect
and transport surface water runoff resulting from precipitation, or
domestic, commercial, or industrial wastewater to and from retention
areas or any areas where treatment is designated to occur. The collection
of stormwater and wastewater does not include treatment except where
incidental to conveyance.
(110) Suction piping--Product or delivery piping in
an underground storage tank system which typically operates below
(111) Sump--Any man-made pit or reservoir that meets
the definition of a tank in this section (including any connected
troughs or trenches) that serves to collect and temporarily store
(112) Surface impoundment--A natural topographic depression,
man-made excavation, or diked area formed primarily of earthen materials
(but possibly lined with man-made materials) that is designed to hold
an accumulation of regulated substances.
(113) Tank--A stationary device (generally exclusive
of any associated ancillary equipment) designed or used to contain
an accumulation of regulated substances which is constructed of a
non-earthen material (e.g., concrete, steel, or plastic) that provides
(114) Tank hole--The portion of the excavation zone
at an underground storage tank facility which contains the tanks and
associated backfill materials.
(115) Tank system--An underground storage tank system.
(116) Temporary removal from service--The procedure
by which an underground storage tank system may be temporarily taken
out of operation without being permanently removed from service.
(117) Tightness test (or tightness testing)--A procedure
for testing and analyzing a tank or piping system to determine whether
the system(s) is capable of preventing the inadvertent release of
a stored substance into the environment.
(118) Under-dispenser containment (UDC)--Containment
underneath a dispenser system designed to prevent leaks from the dispenser
and piping within or above the UDC from reaching soil or groundwater.
(119) Underground area--An underground room, basement,
cellar, shaft, or vault, which provides enough space for physical
inspection of the exterior of a tank or tank system situated on or
above the surface of the floor.
(120) Underground storage tank (UST)--Any one or combination
of underground tanks and any connecting underground pipes used to
contain an accumulation of regulated substances, the volume of which,
including the volume of the connecting underground pipes, is 10% or
more beneath the surface of the ground.
(121) Underground storage tank (UST) system--An underground
storage tank, all associated underground piping and underground ancillary
equipment, spill and overfill prevention equipment, release detection
equipment, corrosion protection system, secondary containment equipment
(as applicable), and all other related systems and equipment.
(122) Underwriters Laboratories, Inc. (UL)--A nationally
recognized organization which provides certifications and standards
for consumer products and services.
(123) Unsaturated zone--The subsurface zone containing
water under pressure less than that of the atmosphere (including water
held by capillary forces within the soil) and containing air or gases
generally under atmospheric pressure. This zone is bounded at the
top by the ground surface and at the bottom by the upper surface of
the zone of saturation (i.e., the water table).
(124) Upgrading--The addition, improvement, retrofitting,
or renovation of an existing underground storage tank system with
equipment or components as required to meet the corrosion protection,
spill and overfill prevention, and release detection requirements
of this chapter.
(125) Used oil--Any oil that has been refined from
crude oil, or any synthetic oil, that has been used and as a result
of such use is contaminated by physical or chemical impurities.
(126) Vent lines--All pipes including valves, elbows,
joints, flanges, flexible connectors, and other fittings attached
to a tank system, which are intended to convey the vapors emitted
from a regulated substance stored in an underground storage tank to
(127) Wastewater treatment tank--A tank that is designed
to receive and treat an influent wastewater through physical, chemical,
or biological methods.